The Journey of Abortion Laws: From Restriction to Liberalisation

For most of human history, abortion existed without legal restriction. Yet by the early 20th century, nearly every Western nation had criminalized the procedure. What changed? And how did the world eventually shift from prohibition back to liberalization? The journey of abortion laws represents one of the most significant transformations in reproductive healthcare and women’s rights.

When abortion became a crime
The deadly cost of criminalization
A revolutionary decision in the Soviet Union
The American turning point
India’s path to progressive legislation
The Medical Termination of Pregnancy Act
Understanding the shift

When abortion became a crime

In early America and colonial societies, abortion was legal until “quickening”-the moment when a pregnant woman first felt fetal movement, typically around four months into pregnancy. Common law treated the fetus as an extension of the mother rather than a separate entity before this point.

This began to change dramatically in the mid-1800s. By 1880, all U.S. states had enacted laws restricting abortion, with some exceptions when a doctor deemed it necessary to save a woman’s life. The shift wasn’t primarily driven by moral or religious concerns as it is today. Instead, male physicians sought to consolidate professional authority by criminalizing abortion and targeting female midwives and abortion providers.

By 1910, abortion was illegal at every stage of pregnancy in every U.S. state. Similar restrictive laws spread across Europe and other parts of the world. The consequences were devastating.

The deadly cost of criminalization

When abortion became illegal, women didn’t stop seeking the procedure-they simply turned to dangerous alternatives. Between the 1950s and 1960s, up to 1.2 million illegal abortions were performed annually in the United States. These procedures were often carried out by unqualified practitioners in unsanitary conditions.

The human toll was staggering. In 1965, 17% of all pregnancy-related deaths in the U.S. were linked to illegal abortion. Women died from infections, hemorrhaging, and botched procedures. Those who survived often suffered lifelong complications.

The situation was similar worldwide. In countries where abortion remained criminalized, women faced impossible choices between continuing unwanted pregnancies or risking their lives. The medical community began to recognize that restrictive laws weren’t preventing abortion-they were simply making it deadly.

A revolutionary decision in the Soviet Union

The first major crack in the global prohibition on abortion came from an unexpected source. On November 18, 1920, the Soviet Union became the first country in the modern era to legalize abortion in all circumstances, free of charge in state hospitals.

The Soviet decree wasn’t framed as a women’s rights issue. Instead, officials argued that legal abortions were necessary to prevent women from seeking dangerous underground procedures. The government reasoned that if women would seek abortions regardless of legality, the state could better protect their health through regulation.

This pioneering legislation had a complicated legacy. While it made abortion accessible, it was later reversed in 1936 due to population concerns before being reinstated again in 1955. Despite its inconsistent application, the Soviet Union’s 1920 decree proved that abortion could be legalized and provided within a medical framework.

The American turning point

In the United States, the movement toward liberalization gained momentum in the 1960s. Medical professionals witnessed firsthand the consequences of illegal abortion. In 1964, Gerri Santoro of Connecticut died trying to obtain an illegal abortion, and her story became a powerful symbol for reform.

The turning point came in 1973 with the landmark Supreme Court decision in Roe v. Wade, which established a constitutional right to abortion nationwide. This decision came after years of advocacy from medical professionals, women’s rights activists, and religious leaders who recognized that criminalization caused more harm than good.

India’s path to progressive legislation

India’s journey toward abortion reform followed a different path, driven primarily by public health concerns and population policy rather than a focus on women’s rights. Under British colonial law inherited from 1860, abortion was criminalized except to save a woman’s life. This led to a public health crisis.

Before 1971, about 5 million pregnancy terminations occurred annually in India, with 3 million being illegal. Women turned to inexperienced providers and traditional birth attendants who lacked proper training. The result was catastrophic maternal mortality and morbidity.

In 1964, recognizing the severity of the problem, the Indian government appointed the Shantilal Shah Committee to study the issue. Doctors frequently encountered gravely ill or dying women who had resorted to unsafe abortions. The committee realized that the majority of women seeking abortions were married and faced no social pressure to conceal pregnancies-decriminalizing abortion would encourage them to seek care in safe, legal settings.

The committee recommended abortion law reform on humanitarian and medical grounds. In 1966, the Shah Committee submitted its comprehensive report recommending legalization to prevent wastage of women’s health and lives. Although some viewed the legislation as a population control strategy, the committee specifically denied this was its primary purpose.

The Medical Termination of Pregnancy Act

The Medical Termination of Pregnancy Act was passed by Parliament in 1971, making India one of the earliest nations to enact such legislation. The Act allowed abortion up to 20 weeks of gestation under specific conditions, including risk to the woman’s life or health, fetal abnormalities, pregnancy resulting from rape, and contraceptive failure.

The impact was remarkable. The MTP Act contributed to reducing India’s maternal mortality rate by 77%, from 556 per 100,000 live births in 1990 to 130 per 100,000 in 2016. The World Health Organization praised India’s approach to making abortion safer and more accessible.

The law has continued to evolve. In 2021, amendments extended the gestational limit to 24 weeks for vulnerable groups including rape survivors, minors, and women with disabilities, reflecting a more compassionate approach to reproductive healthcare.

Understanding the shift

The liberalization of abortion laws across different countries shared common threads. Medical professionals witnessed the devastating consequences of criminalization. Policymakers recognized that prohibition didn’t prevent abortion-it simply drove women to dangerous alternatives. And gradually, societies began to acknowledge that access to safe abortion was fundamentally a matter of women’s health.

From the Soviet Union’s groundbreaking 1920 decree to the United States’ 1973 Roe decision and India’s 1971 MTP Act, the movement toward legalization represented a pragmatic response to a public health crisis. While the specific motivations varied-from protecting women’s health to managing population growth-the outcome was the same: bringing abortion out of the shadows and into regulated medical care.

Today, the conversation continues to evolve. Some countries have further expanded access while others have imposed new restrictions. But the history of abortion laws teaches an important lesson: when safe, legal abortion is available, maternal deaths decrease, and women’s health improves. The journey from restriction to liberalization has been long and uneven, but it has undeniably saved countless lives.

What do you think? How has the global shift toward abortion legalization influenced modern discussions about reproductive healthcare? What can the historical experience of countries like the Soviet Union and India teach us about the relationship between abortion access and women’s health outcomes?

References

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Table of Contents

When abortion became a crime 🔗

The deadly cost of criminalization 🔗

A revolutionary decision in the Soviet Union 🔗

The American turning point 🔗

India’s path to progressive legislation 🔗

The Medical Termination of Pregnancy Act 🔗

Understanding the shift 🔗